Insights

Quick Hit: Russian Sanctions and Cybersecurity

On this episode of The Bracewell Sidebar, we look beyond Russia’s invasion of Ukraine at the business and legal implications of the Russian sanctions, as well as at cybersecurity issues. What do companies, organizations and individuals need to know about...

Morgan v Sundance: How Taco Bell Could Impact Waiving Arbitration

Companies in the process of determining their dispute resolution policies should keep a close eye on an upcoming U.S. Supreme Court case. On March 21, 2022, the Court is set to hear arguments in Morgan v. Sundance , which takes...

Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements

Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax...

Good Faith in English Contract Law

Summary

Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule include where (a) the contract contains an express duty of good faith; (b) there is a contractual discretion and a term of good faith may be implied; or (c) the agreement in question is a ‘relational’ contract giving rise to an implied term of good faith. The term that will be implied will depend on the express provision in question, and the contract as a whole.

The Changing Landscape for Government Contracts and Government Investigations

On this episode of The Bracewell Sidebar, we talk with Bob Wagman about criminal investigations involving alleged misconduct connected with government programs. Bob is a partner in Bracewell’s Washington DC, where he leads our government contracts practice. Can you lay...

PHMSA Informational Meeting on Upcoming Leak Detection Inspections

On January 27, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public informational meeting on February 17, 2022 regarding PHMSA’s plan for forthcoming audits of updated inspection and maintenance plans to eliminate and minimize leaks pursuant to...

Trial Recap - US v. Elizabeth Holmes

On this episode of The Bracewell Sidebar, we discuss the Elizabeth Holmes/Theranos trial and the significance of the mixed verdict. To break it down, 11 counts ultimately went to the jury. Holmes was convicted on some and acquitted on some...

Knowing an Insider and Trading Is Not Necessarily "Insider Trading"

Co-coaching your daughters’ basketball team with your brother-in-law and later profiting from buying stock in your brother-in-law’s company is not, in and of itself, insider trading. This seems fairly obvious. On Monday, December 13, 2021, U.S. District Judge Claude Hilton...

The Risky Business of International Projects

On this episode of The Bracewell Sidebar, we talk with Assaad Nasr about the challenges that US lawyers face when they are working on international projects. Assaad is a deal lawyer, who previously served as general counsel of an international...

Generic ESG Statements Remain Under Fire: Class Certification Granted for the Third Time as the Saga of the Goldman Sachs Securities Litigation Continues

Back in June, we analyzed the Supreme Court’s decision in Goldman Sachs Group v. Arkansas Teacher Retirement System , which examined the extent to which a corporation’s arguably generic public statements could form the basis of a securities fraud action...

Biggest Stories of 2021

On this episode of The Bracewell Sidebar, we look back at some of the significant regulatory and enforcement developments in 2021, including at the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). We had a new administration and...

Government Enforcement and Investigations Year-In-Review: The Administration Has Moved Its Pieces into Place

On Monday, President Biden released the United States Strategy on Countering Corruption , which details how the United States will work “domestically and internationally, with governmental and non-governmental partners, to prevent, limit, and respond to corruption and related crimes.” It...

The IRS Is Mining for Crypto Account Holders

For years, the cryptocurrency wallets of U.S. taxpayers have existed in a reporting gray zone. However, as it becomes clear that crypto asset transactions are not slowing down, the Internal Revenue Service (IRS) has signaled its expanded focus on regulation...

What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues

Rachel Goldman and David Shargel presented “ESG Fundamentals for In-House Counsel – What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues” virtually to members of In-House Connect. In-House Connect is an in-house counsel network that brings...

2021 Year-in-Review – U.S. State Privacy Legislation

The COVID-19 pandemic has rapidly accelerated our reliance on digital services and platforms, which brings new challenges and expectations for data privacy. But, to date, there has been little movement towards all-encompassing federal privacy legislation. Therefore, the issue of consumer...